Allowed

Busa Lalitha, v. Busa Amarnadh

Andhra Pradesh HC20 Dec 2021TRCMP/122/2021

Case brief

AI extract

What is this about?

The Single Judge in a Transfer CMP allowed the transfer of a Restitution of Conjugal Rights petition from Narasaraopet to the Family Court, Guntur, considering the petitioner's employment in Tenali and mutual convenience for trial.

What did the court decide?

The Transfer C.M.P. No.122 of 2021 is allowed; H.M.O.P.No.57 of 2021 is withdrawn from Narasaraopet and transferred to Family Court, Guntur; Record directed to be transmitted forthwith.

Busa Lalitha, Vs Busa Amarnadh — Matrimonial and Divorce | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE M. GANGA RAO

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TRANSFER CIVIL MISCELLANEOUS PETITION No.122 of 2021

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ORDER:

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This Transfer Civil Miscellaneous Petition is filed by the petitioner u/s 24 of CPC requesting to withdraw the H.M.O.P.No. 57 of 2021 from the file of the Principal Senior Civil Judges, Narsaraopet, Guntur District, and transfer the same to the Senior Civil Judge, Tenali Guntur District.

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The case of the petitioner is that her marriage with the respondent herein was performed on 26.04.2019 at Sri Venkateswara Swamy Temple, Vaikuntapuram, Tenali as per the Hindu Rites and Customs. Thereafter, she joined with the respondent at her in-laws house at Linguntla Village, Narsaraopet Mandal, Guntur District.

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The respondent and his family members harassed the petitioner physically and mentally to bring additional dowry. She was thrown out of the matrimonial home on 22.06.2019, since then she has been residing with her parents and depending upon them. She filed M.C.No.2 of 2021 on the file of I Additional Munsif Magistrate, Tenali, Guntur District against the respondent seeking monthly maintenance of an amount of Rs.15,000/- and also filed DVC No.12 of 2021, on the file of the II Additional Munsif Magistrate, Tenali under Domestic Violence Act 2005. While so, the respondent filed H.M.O.P.No.57 of 2021 on the file of Principal Senior Civil Judges, Narsaraopet, Guntur District, seeking restitution of conjugal rights. Tenali is about 100km away from Narasaraopet. She has no means and assistance to undertake travel to Narasaraopet from Tenali to defend the case. She also apprehends threat from the respondent to withdraw the cases filed by her. At present she is working on contract basis in A.P. Secretariat.

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The respondent filed counter inter alia stating that the petition is working at A.P. Secretariat as a security person and drawing handsome salary.

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Only as a counter blast to the OP filed by the husband petitioner-wife filed MC and DVC at Tenali. As the parties lastly resided together at Narasaraopet, he filed OP at Narasaraopet. He cannot be forced to choose a form which is not convenient to him. The petitioner instead of filing transfer petitioner before District Court directly approached this Court. The Tr.C.M.P is not maintainable.

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Having considered the facts and circumstances of the case, submissions of the learned counsel and on perusal of record, this Court found that the petitioner is working as Security Officer at A.P. Secretariat, on contract basis. This Court felt that in view of her employment, it may not be convenient for her to travel to Narasaraopet to attend the case filed by the respondent.

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Both the counsel on instructions states that the OP may be transferred to the Family Court, Guntur. Which is convenient to the both the parties, In the interest of justice, this Court felt it appropriate to transfer the present HMOP to the Family Court, Guntur.

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In the result, the Tr.C.M.P is allowed and the HMOP.No.57 of 2021 on the file of the Principal Senior Civil Judge, Narasaraopet, Guntur District, is withdrawn from the file of the said Court and is transferred to the Family Court, Guntur, for trial and disposal in accordance with the procedure established by law. Accordingly, the transferor Court is directed to forthwith transmit the record in HMOP.No.57 of 2021 to the transferee Court. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this Transfer CMP, shall stand closed.

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20.12.2021 PGT

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_____________________ JUSTICE M. GANGA RAO

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THE HON’BLE SRI JUSTICE M. GANGA RAO

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Tr.C.M.P.No.122 of 2021

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20.12.2021

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PGT

Busa Lalitha, v. Busa Amarnadh

Case brief

What is this about?

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Busa Lalitha, v. Busa Amarnadh

Case brief

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